Eckoh, the operator of Richard & Judy's You Say We Pay premium-rate phone quiz, has been fined a record £150,000 by regulator Icstis.

The premium-rate phone regulator said the Channel 4 programme had shown a "reckless disregard" for viewers by inviting them to take part in a phone-in competition after the potential winners had already been selected.

Today the full scale of the You Say We Pay scandal became clear after Icstis revealed that between January 29 and February 16 this year 47% of the calls to the You Say We Pay competition were received after the shortlist of winners had been chosen, meaning they had no chance of winning the prize.

Icstis also said that almost 5 million viewers had paid £1 each to enter the competition since 2004.

The regulator ordered that all the money be paid back to viewers affected and has referred the case to Ofcom, which may impose its own heavy fine if it concludes the broadcasting code has been breached.

Ofcom last week fined Channel Five £300,000 for breaches of the broadcasting code in its premium-rate phone-in quiz, Brainteaser, made by Endemol UK subsidiary Cheetah.

Announcing the £150,000 sanction, the highest ever imposed by the regulator, the Icstis chairman, Sir Alistair Graham, said it reflected the "very serious nature of the breach of our code of practice" and "fundamental failings in the winner selection process".

"Winners were being chosen before the competition closing deadline, whilst millions of additional viewers were still encouraged to phone in and pay to enter competition but were denied the opportunity of fair consideration," he added.

"Such reckless disregard for viewers is unacceptable. In this case, viewers were not only 'paying competition entrants' but also consumers who enjoy a high degree of consumer protection already provided by Icstis.

"There is no doubt that the public thoroughly enjoys taking part in premium rate competitions and votes on television. However, as well as being entertaining and fun, services should be reliable and trustworthy.

"Consumer protection should be at the heart of television rather than a broadcasting philosophy of 'the show must go on'. The public should be able to use these services with absolute confidence. Consumers must get a fair deal."

Icstis revealed that almost 5 million viewers had entered the Channel 4 competition since October 2004. Its investigation showed that 47% of the calls were received after the shortlist of winners had already been chosen, meaning they had no chance of winning the prize.

The competition was suspended in February this year after allegations first emerged that viewers phoning into the show, produced by Cactus TV, were being ripped off.

Channel 4 has already announced that the You Say We Pay phone quiz will not be returning.

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